I/O Sense Date Updated: [28 May 2024]
1. INTRODUCTION
1.1 THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.2 This domain name called ‘https://www.faclon.com/’ (“Website”) is owned by Faclon Labs Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office address at Gala No. 12, 1st Floor, Jafferbhoy Industrial Estate, Makwana Road, Marol Naka, Andheri (East), Mumbai – 400059, Maharashtra (hereinafter, referred to as the “Company”, which expression shall, unless it be repugnant to the context thereof, be deemed to include its successors, affiliates, and permitted assigns).
1.3 Please read these terms of use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Website and any content such as text, data, information, software, graphics, audio, video or photographs that the Company may make available through the Website and any services that the Company may provide through the Website. In order to use the Website, you must first agree to these Terms. By performing an affirmative action and thereafter, accessing the Website, you agree and undertake that you are giving a free, specific, informed, unconditional and unambiguous consent to the Company; agreeing to these Terms and concluding a legally binding contract with the Company for the purposes specified herein. Please do not access or use the Website if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of your access to and use of the Website, you hereby agree that you will comply with all applicable laws and regulations when using the Website.
1.4 The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year, or whenever there is a change in these Terms (as the case may be), by email or by posting a conspicuous notice on the Website. Your acceptance of the revised terms of use and thereafter, use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, the Company grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, and limited license to access and use the Website.
1.5 You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.
1.6 If you are unwilling or unable to be legally bound by these Terms, please do not give your consent or use the Website. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Website; or (b) if you are not of legal age to form a binding agreement with the Company.
2. ELIGIBILITY
Use of the Website is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 or with disability shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by the minor’s legal guardian or parents on the Website. If a person with disability wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by such person’s legal guardian or parents on the Website. Any minor or person with disability accessing, using or transacting on the Website in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Website. The Company reserves the right to terminate any person’s access and/or refuse to provide such person with access to the Website if it is brought to the notice of the Company or if the Company discovers for itself that such person is not eligible to use the Website
3. ACCEPTANCE OF TERMS
In order to access and/or use the Website, you must first agree to these Terms. You shall be deemed to have accepted these Terms by
(a) Visiting the Website. In this case, you understand and agree that the Company will treat your access to the Website as acceptance of these Terms from that point onwards.
(b) By clicking to accept these Terms, if and when prompted on the Website or
(c) Actually using the Website, in which case, you understand and agree that the earlier affirmative consent given by you on the Website shall be treated by the Company as a continued acceptance of the Terms.
4. ACCESS TO THE WEBSITE
4.1 Your access to the Website may be interrupted, for reasons including but not limited to maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and the Company isn’t liable for any disruption or loss you may suffer as a result.
4.2 The Company may discontinue some or all the services provided on the Website and/or content displayed on the Website, as it may deem fit, at any time.
5. LINKS TO THIRD PARTY WEBSITES
The Website may contain links and interactive functionality interacting with the websites of third parties for the purpose of promotions, and marketing. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such thirdparty website.
6. USE OF THE WEBSITE
6.1 You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information, that
(a) belongs to another person and to which you do not have any right
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
(c) is misleading in any way;
(d) is harmful to minors;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
(f) infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number);
(g) provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
(h) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, information of other users/visitors of the Website, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users/visitors of the Website.
(i) engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.
(j) interferes with another user/visitor’s use of the Website.
(k) impersonates another person.
(l) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states.
(m) refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
(n) deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
(o) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
(p) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another user/visitor.
(q) is in the nature of an online game that is not verified as a permissible online game;.
(r) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; and/or.
(s) violates any applicable law for the time being in force.
6.2 You hereby accept full responsibility for any consequences that may arise from your access and/or use of the Website, and expressly agree and acknowledge than in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of your access and/or use of the Website.
6.3 You agree and acknowledge that you shall not access and/or use the Website for any fraudulent, malicious, illegal or unauthorized purpose/activities. The Company shall have the right, but not the obligation, to monitor your access to and/or use of the Website to ensure your compliance with these Terms or laws applicable in your jurisdiction, at its sole discretion.
7. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
7.1 All of the content and services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by the Company or others (including without limitation, third party service providers, if any) that the Company licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws
7.2 You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. You thereby agree to protect the proprietary rights of the Company and its other limited rights (including, as a licensee) during and after the subsistence of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
7.3 You shall access and/or use the Website strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any laws applicable in your jurisdiction, rules or regulations in connection with your access or use of the Website, including your use of any Content (defined below); (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) access and/or use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) access and/or use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) access and/or use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any services offered by the Company; or (i) derive any confidential information, processes, data or algorithms from the Website, as may be applicable.
7.4 Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
8. RIGHTS & RESERVATIONS
The Company reserves the right to deny access to the Website or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; and/or (iii) violation of any of the provisions of these Terms or any applicable laws.
9. TERMINATION OF ACCESS TO THE WEBSITE
9.1 Your access to the Website can be terminated at any time by:
(a) You, by withdrawing your consent and ceasing to use the Website by writing to us at >reachus@faclon.com
(b) The Company, in its sole discretion for any reason or no reason, including your violation of these Terms or lack of use of the Website. You acknowledge that the termination of access to the Website may be affected without any prior notice, and the Company may immediately delete all related information and/or bar any further access to the services provided on the Website and/or Website, subject to applicable law.
9.2 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive such termination of your access of the Website.
10. REPRESENTATIONS
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
11. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENT" ) ARE PROVIDED
BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED,
AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR
COMPLETENESS OF THE CONTENT. WITHOUT LIMITING THE FOREGOING,
THE COMPANY MAKES NO WARRANTY THAT THE DISPLAY OF CONTENT ON
THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE,
ACCURATE OR RELIABLE. THE COMPANY SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS,
DOCUMENTS OR INFORMATION FROM THE WEBSITE. YOU EXPRESSLY
AGREE THAT THE ACCESS AND USE OF WEBSITE IS AT YOUR OWN
DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THE COMPANY OR THROUGH OR FROM THE WEBSITE OR CONTENT SHALL
CREATE ANY WARRANTY.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH
RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND
NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY,
ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY,
APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY
AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS THE
COMPANY, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND
ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF
ACTION ARISING OUT OF ACESS OR USE OF THE WEBSITE.
12. LIMITATION OF LIABILITY
In no event shall the Company, its affiliates and each of their respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; (e) any loss of your data arising from any use of or inability to use any Content or other parts of the Website; (g) non-availability of the Website in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
13. INDEMNIFICATION
To the extent permitted by the applicable law, you shall indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any applicable law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
14. PRIVACY POLICY
Please review the Privacy Policy, which also governs your visit to the Website to understand the Company’s privacy practices. The personal information/data provided to the Company by you during usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
15. ASSIGNMENT
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
16. GOVERNING LAW AND DISPUTE RESOLUTION
The Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be Mumbai, Maharashtra.
17. SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and the Company with respect to your use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18. GRIEVANCE REDRESSAL MECHANISM
For registering your concerns, complaint or grievances, please write to the designated officer of the Company at the address identified below in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.
Name: Rishi Sharma
Address: Gala No. 12, 1st Floor, Jafferbhoy Industrial Estate, Makwana Road, Marol Naka, Andheri
(East), Mumbai – 400059, Maharashtra
Phone Number: 9833429903
E-mail: reachus@faclon.com or rishi.sharma@faclon.com
19. CONTACT DETAILS
If you have any questions or concerns about this Policy, you may contact the Company at reachus@faclon.com